Legal Information

The South Carolina Highway Patrol is being ordered by a judge to release video and other info from traffic stops to the public, even if the case is ongoing. The judge ruled specifically that a newspaper should have received video of a traffic stop which led to the arrest of a councilwoman for driving under the influence.  Requests for video are often denied by the Public Safety Department because information may affect the criminal case against the suspect. The judge ruled the agency must show proof the release of information will result in harm, according to news reports.

As a Spartanburg car accident attorney, I hope the release of information leads to future justice for car accident victims. If you or a loved one were harmed in an auto accident, discuss your case with a personal injury lawyer who can assess your claim, and  answer any important legal questions you may have regarding you help defend your case. A personal injury lawyer can help guide you through your case by guiding you through the legal processes associated with your case in order to reach the best possible outcome for your claim.

According to news reports, the Federal Trade Commission (FTC) announced settling with multiple Internet-based firms that were charged with illegally selling and distributing “circle” contact lenses. Circle contact lenses are a form of novelty eyewear that gives the illusion of larger eyes by covering the entire surface of the consumer’s eyes.

The FTC charged the owners of three websites with violating the 2004 Contact Lens Rule that forbids the sale of contact lenses without first obtaining a valid doctor’s prescription. The Rule also governs the sale of these cosmetic contact lenses due to the potential that these lenses have for resulting in corneal ulcers, corneal abrasions, vision impairment and blindness if they are worn improperly. The settlement fined the owners of these websites $68,000, $24,000 and $5,400 respectively for their participation in these illegal sales.

As a Walterboro personal injury lawyer, I feel it’s a necessity to consistently monitor news from government agencies that police medical devices that could cause potential permanent damage in consumers to, hopefully, aid in avoiding preventable injuries. If you’ve been injured through the use of a defective product, speak with a personal injury lawyer experienced in these matters to learn more about your rights as a consumer.

News sources reported that the US Food and Drug Administration’s (FDA) reviewer certification program will become an agency-wide requirement this month in the effort to have a more prepared staff and shorten medical device review times.

The training program is 18 months and will be required of all new device reviewers from the Center for Devices & Radiological Health’s (CDRH) anaesthesia, general hospital, infection control and dental devices divisions.

According to Dr. Jeffrey Shuren, CDRH chief, “We are investing resources so that new device reviewers at CDRH are equipped to handle the range of issues that arise during the premarket device reviews. This investment will improve the quality of submission review and make the process more consistent and predictable.”

At the same time, the House Energy & Commerce Committee’s Health panel is set to focus on tweaking the FDA regulatory process for medical devices and prescription drugs in the effort of gaining a competitive edge on foreign markets with more favorable regulatory conditions. In a news release, the committee said, “The US traditionally has been the leader in the medical device industry employing an estimated 420,000 Americans, but the lack of predictability and consistency at FDA currently force research and development, manufacturing and new product approvals to Europe, costing American jobs and limiting US patients’ access to revolutionary new devices.”

The med-tech industry has frequently asked for more consistency and predictability from the agency. The new program requirement is aimed at provided such consistency.

As a Columbia personal injury lawyer, I’ve seen many recalls from the med-tech industry and know that they and the FDA work hard to prevent such events. While we don’t handle these types of cases, if you’ve been injured through the use of a defective medical product, it may be in your best interests to speak with a personal injury lawyer in your area.

A judge helped me understand how to handle a personal injury case early on in my career.

“Get their reserves up,” the judge advised me while I was in the courtroom waiting for the jury to return their verdict in a case that I had just tried in front of him. We were killing time and he was a kind man giving me helpful advice. He advised giving the insurance company all of the information helpful to my case as soon as possible, rather than holding back any surprises for trial. This judge, a former insurance company lawyer, knew how the system worked.

Let’s look at the big picture. In order to efficiently file and settle claims, you must understand what is going on behind the scenes. It all begins with the insurance company. You pay monthly premiums to the insurance company and those monthly premiums are then invested. The insurance company earns money on those investments and by not by paying out claims. They are forced to however, set aside a portion of each premium dollar to pay claims with, which is called “reserves”. Once the amount of reserves is decided on, the rest of the premium dollars go into investments. Insurance companies spend a lot of time determining these reserves and do not like to change the amounts once they have been set aside.
With this insight, it is clear that you should promptly present the insurance company with all of the information that will cause them to set aside a large amount of reserves, or money to settle your case. If you can use your know-how to get them to put a high value on a claim, the insurance adjuster will not have to request that more money be set aside later on. Adding money to the reserves from their investment money upsets the insurance company because they had the additional money invested, making a profit for them. They didn’t plan to pay it to you, and so that makes the insurance company mad and the adjuster look bad. “Why didn’t you evaluate this claim correctly at the start?” is what the insurance company will ask their adjuster. He looks bad and is not likely to be able to get more money for you, even if he or she wants to. So, “Get their reserves up!”

It’s that simple. As a Charleston car accident attorney, knowing how the system works, and knowing how to work the system, makes a personal injury claim much easier to settle.

If you or a loved one has been injured in a car accident, contact a personal injury lawyer in Charleston.

No criminal charges will be filed in the case of a fatal children’s train ride accident in Spartanburg earlier this year, according to news reports.

Here’s background on the story that I’ve been reporting about since March:

An inspector for a children’s train at a South Carolina park that crashed, killing one child and injuring many others, has admitted to failing to test the train before the accident, according to news reports.

The 20-year-old inspector said he did not test the children’s train on Wednesday at Cleveland Park in Spartanburg because the train’s battery was dead. The train crashed Saturday with nearly 30 passengers aboard. The accident killed a six-year-old boy and injured at least 17 people.

Sixteen people onboard the train, including the child who died, were members of the Corinth Baptist Church in Gaffney.

The inspector  “came forward and admitted he had filed a complete report but had not done a thorough inspection,” according to news reports.

The fatal accident is being investigated. All miniature train rides at the park have been shut down during the investigation. It is unknown what caused the derailment, according to the Spartanburg Public Safety Department and the South Carolina Highway Patrol, which are leading the investigation.

Criminal charges could be filed in the incident, according to news reports.

As a Charleston car accident lawyer, I’m saddened to hear about this fatal accident involving children. My condolences go out to the child’s friends and family during this difficult time. I hope all the other children and adults who were injured in the accident are able to quickly recover from their injuries.

I hope investigators are able to determine how this collision occurred and ensure a tragic event like this never happens again. If you or a loved one has been injured in a train accident, contact a personal injury lawyer in Charleston.

Speeders might soon be caught using traffic cameras, rather than police, according to news reports.

Although police across South Carolina have been barred from using traffic camera to ticket speeders, the state commission will be looking to reverse the law.

“The state commission could begin meeting as early as next month and must have its report to the General Assembly by Nov. 1. Lawmakers will be under no obligation to act on any recommendations,” said Sen. Tom Davis, R-Beaufort to news reports.

The 13 members will include appointees picked by lawyers, legislators and law enforcement officials. Gov. Nikki Haley will select the designee that serves as chairman.

Legislators banned cameras earlier this year after the town of Ridgeland used two camera systems to catch speeders going 11 mph over the limit on Interstate 95 near Hilton Head.

As a Charleston car accident lawyer, I know speeding can be just as dangerous as drinking and driving or distracted driving. I urge drivers to always follow the speed limit, which is put in place to keep drivers safe. Drivers should never speed, whether there are extra patrols or speeding cameras around or not.

If you have been injured in a car accident related to speeding, contact a personal injury lawyer in Charleston.

The fatal parasailing accident involving a South Carolina man who was vacationing in Florida has sparked debate about the safety of the industry.

As a Moncks Corner personal injury lawyer, I was following this tragic story when I came across this news report.

Following Tampa Bay’s second parasailing death in nine months, local leaders brought up talk again of legislation aimed at controlling the unregulated industry.

“We’re actually looking, with the industry, to get a sensible set of regulations everyone can follow so we won’t have (tragedies) in the future,” said State Rep. Jim Frishe, R-Bellair Bluffs.

Frishe tried to pass a parasailing regulation bill this year, but HB 451 made it through just one of three committees.  It’s companion bill, SB 392, made it through zero.

But while Frishe said he’ll try again next year to pass the “Alejandra White Act,” named after the tourist killed in a September 2010 parasailing accident in Clearwater, he’s also once again planning on supportnig a massive de-regulation bill that targets dozens of other industries.

This spring, HB 5005 was passed by the House before eventually dying on the Senate floor in the final minutes of the 2011 session.  The House is expected to bring it back again next year, although the exact industries included aren’t finalized.

You can read the rest of the story on the news website.

My condolences go out to this victim’s friends and family. I hope changes can be made to ensure an accident like this never occurs again. If you or a loved one has been injured in a boat accident, contact a personal injury lawyer in Moncks Corner.

Newly released graphic warnings for packages of cigarettes were revealed today by the Food and Drug Administration, highlighting the dangers of using the product.

The graphic images, which range from mouth cancer to birth defects, will  be displayed on packages beginning  Sept. 2012, according to  news reports.  The warnings are the first change to labels in 25 years.

Messages include “Warning: Cigarettes are addictive” with a photo of a man smoking a cigarette through his throat. Also, “Warning: Smoking during pregnancy can harm your baby” is beside a picture of a baby struggling to survive.

“These labels are frank, honest and powerful depictions of the health risks of smoking and they will help encourage smokers to quit, and prevent children from smoking,” said Health and Human Services Secretary Kathleen Sebelius in a press release. “President Obama wants to make tobacco-related death and disease part of the nation’s past, and not our future.”

Smoking is responsible for 443,000 deaths every year, and the rates of fatalities have steadied in the past 5 years.

As a personal injury lawyer in Columbia, I hope that people are discouraged to smoke and fewer deaths due to smoking cigarettes will result from this campaign. If you or a loved one were harmed by an unsafe product, discuss your case with a personal injury lawyer in Columbia who can evaluate your claim, assess your case, and answer any important legal questions you may have regarding your case.

A proposed South Carolina law would take away the driver’s license of teens who drop out of high school or miss to many classes, according to news reports.

The proposal, which was approved by the House subcommittee, would revoke teens’ driver’s licenses or learner’s permits who are expelled or drop out of school. The  law would affect teens aged 15 to 17 years old.

“Waivers would be granted to teens who drop out to go to work and support themselves or their families, as well as teens enrolled in high-school equivalency – or General Educational Development – programs,” according to news reports.

“About one in four S.C. high school students does not graduate four years after entering high school, according to 2010 state Department of Education data released last month.”

The teen would be re-eligible for a license when they turn 18, according to news reports.

During the subcommittee meeting, the House agreed to “reclassify mo-peds as motor vehicles so that mo-ped drivers could be charged with driving under the influence,” but “Rejected a proposal to ban S.C. smokers from lighting up in cars when children are present.”

As a Greenville car accident attorney, I will be paying close attention to these measures to find out if they turn into law or not.  In the meantime, I always urge drivers to follow current driving laws to avoid car accidnets.

If you or a loved one has been injured in a car accident, contact a personal injury lawyer in Greenville.

Daytime, weekday morning drunken driving is on an upward trend, according to the South Carolina Highway Patrol, and they’re reminding drivers to be safe and watch out.

“We used to only see DUI’s on Friday, Saturday, Sunday night — late at night when the bars let out, that’s when you saw your impaired drivers,” a South Carolina Highway Patrol trooper said to news reports.

While the Highway Patrol has noticed this trend, it has yet to be confirmed. However, they said the noticeable increase has occurred during the past two to three years. Troopers have some theory to this suspected increase.

“It may be your morning round golfers who were drinking while playing golf, then leaving the golf course in the middle of the day — it may be college students somewhere that have consumed alcohol and partied overnight, then gotten a couple hours of sleep and now they’re back out,” he said.

Whatever the reason, drivers should never assume they are safe from dangerous drivers and always practice safe driving habits. Drivers who suspect a drunken driver should also call the South Carolina Highway Patrol and report them, according to news reports.

As a Greenville car accident attorney, I’m saddened to hear about this increase of drunken drivers. I urge drivers to never drink and drive, as it not only puts yourself at risk but also everyone around you.

If you or a loved one has been injured in a drunken driving accident, contact a personal injury lawyer in Greenville.